Sheldon Whitehouse on Civil Rights

Democratic Jr Senator, previously attorney general

Worked entire career for civil rights

Chafee fired a shot at Sheldon Whitehouse’s “spotty record on civil rights,” at a RI Civil Rights Roundtable. Chafee criticized Whitehouse for “his insensitivity to the minority community after the Cornel Young tragedy.” Chafee also took Whitehouse to
task for “first opposing then supporting a racial-profiling study.” Sandra Whitehouse, who sat in for her out-of-town husband last night, said her husband “has worked his entire career” for civil rights “and I think his record stands on its own.”

Source: Karen Lee Ziner in Providence Journal
, Oct 12, 2006

Regulation of marriage has always been a state issue

Q: Should same sex marriage be considered a state or federal matter?

CHAFEE: The federal government has never been involved in marriage issues. So this is a state issue.

WHITEHOUSE: I support the right of states to allow same-sex marriage. It is
wrong for the federal government to intervene in what has always been a state issue -- the regulation of marriage. I think it is particularly wrong to amend the Constitution to single out gay people and prevent them from exercising their rights.

Source: 2006 RI Senate debate, by RIBA and WPRI-12
, Sep 13, 2006

Don’t use Constitution to divide gay people from others

Q: What is your view on same sex marriage?

A: You can look back to the civil war to see constitutional problems like [amendments that single out gay people]. There was a time when in the US Constitution, black slaves were counted as 3/5ths of a human.
It is absolutely wrong for us to use the Constitution to divide Americans. The Constitution, which I revere, gives us as citizens rights against the government. It should never be used by the government to divide us for its own political purposes.

Source: 2006 RI Senate debate, by RIBA and WPRI-12
, Sep 13, 2006

I support gay marriage

Q: Do you support gay marriage, civil unions or neither? What have you done in your career to support gay and lesbian rights?

A: I support gay marriage, and believe states and localities should be able to legally recognize them.
I will oppose a Federal Marriage Amendment and any attempt to write discrimination into the Constitution. I’ve backed tougher sentences for hate crimes, and if elected, I fight for real equality for all Americans.

Source: RIfuture.org blog
, Sep 12, 2006

Fight a constitutional ban on gay marriage

One of the first events at Whitehouse’s new Providence campaign office is an open house for the GLBT community.

If he’s elected to the Senate, he may have an opportunity to vote on a proposed Constitutional amendment promoted by conservatives to
define marriage as between one man and one woman. What does Whitehouse, who has a background as a constitutional and civil rights lawyer, think of it? “It’s disgraceful that they are trying to push that,” he answered. “I would fight as hard as
I could to keep that from happening,“ Whitehouse continued. ”It would be one of those things when I was an old grandfather my grandchildren would look up to me and say, ‘Grandpa, why did you ever let that happen? Where were you?
How could you have done such a thing? I read that in the history books.’ That is, if they were not too embarrassed to bring it up with me. It’s so shameful.“

Source: Peter Cassels, EDGE National News
, Apr 23, 2006

Repeal the ban on gays serving openly in the military

It’s no secret that Whitehouse is a supporter of gay rights, particularly on two hot issues--creating marriage equality and repealing the ban on serving openly in the military.

His campaign had provided a statement endorsing lifting the ban on military service to EDGE for a story on how members of the state’s Congressional delegation stand on a repeal bill pending in the House of
Representatives. “I think the legislation should go forward and I think we should move towards open status for gays in the military,” Whitehouse reiterated. “Right now, as you know, there are hundreds, thousands, if not tens of thousands
of gay folks serving courageously and dutifully in the military. That the government should require them to deny their status and pretend to be something other than they are in order to serve their country is a mistake.”

Source: Peter Cassels, EDGE National News
, Apr 23, 2006

Voted YES on reauthorizing the Violence Against Women Act.

Congressional Summary:Amends the Violence Against Women Act of 1994 (VAWA) to add or expand definitions of several terms used in such Act, including :

"underserved populations" as populations that face barriers in accessing and using victim services because of geographic location, religion, sexual orientation or gender identity; and

"youth" to mean a person who is 11 to 24 years old.

Opponent's Argument for voting No (The Week; Huffington Post, and The Atlantic):
House Republicans had objected to provisions in the Senate bill that extended VAWA's protections to lesbians, gays, immigrants, and Native Americans. For example, Rep. Bill Johnson (R-OH) voted against the VAWA bill because it was a "politically–motivated, constitutionally-dubious Senate version bent on dividing women into categories by race, transgender politics and sexual preference." The objections can be grouped in two broadly ideological areas--that the law is an unnecessary overreach by the federal government, and that it represents a "feminist" attack on family values. The act's grants have encouraged states to implement "mandatory-arrest" policies, under which police responding to domestic-violence calls are required to make an arrest. These policies were intended to combat the too-common situation in which a victim is intimidated into recanting an abuse accusation. Critics also say VAWA has been subject to waste, fraud, and abuse because of insufficient oversight.

Prohibit sexual-identity discrimination at schools.

Whitehouse signed Student Non-Discrimination Act

Student Non-Discrimination Act of 2011:

Prohibits public school students from being excluded from participating in, or subject to discrimination under, any federally-assisted educational program on the basis of their actual or perceived sexual orientation or gender identity or that of their associates.

Considers harassment to be a form of discrimination.

Prohibits retaliation against anyone for opposing conduct they reasonably believe to be unlawful under this Act.

Authorizes federal departments and agencies to enforce these prohibitions by cutting off the educational assistance of recipients found to be violating them.

Allows an aggrieved individual to assert a violation of this Act in a judicial proceeding and recover reasonable attorney's fees should they prevail.

Deems a state's receipt of federal educational assistance for a program to constitute a waiver of sovereign immunity for conduct prohibited under this Act regarding such program.

Constitutional Amendment for women's equal rights.

Whitehouse signed Equal Rights Amendment for men and women

JOINT RESOLUTION: Proposing an amendment to the Constitution of the United States relative to equal rights for men and women. Constitutional Amendment: Prohibits denying or abridging equality of rights under the law by the United States or by any state on account of sex.

Resolved by the Senate and House of Representatives: That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of 3/4ths of the several States:

Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.

The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

This amendment shall take effect two years after the date of ratification.

[Explanatory note from Wikipedia.com and OnTheIssues.org]:

The Equal Rights Amendment (ERA) was a proposed amendment to the United States Constitution. The ERA was originally written by Alice Paul and, in 1923, it was introduced in the Congress for the first time. In 1972, it passed both houses of Congress, but failed to gain ratification before its June 30, 1982 deadline. This new proposed amendment is identical in wording to the original 1972 proposed amendment. It was proposed in Congress in every session from 1923 through 1970 prior to passing in 1972; and has been re-introduced in Congress in every session since 1982 after its failure at ratification. The current version removes the Congressionally imposed deadline for ratification of the Equal Rights Amendment, so that if the bill passes Congress, states have no deadline as they did in 1982.

Endorsed as "preferred" by The Feminist Majority indicating pro-women's rights.

Whitehouse is endorsed by by the Feminist Majority on women's rights

The Feminist Majority endorses candidates for the U.S. House and U.S. Senate. In addition to the stronger "endorsement," the organization also determines "preferred" candidates in races where they do not endorse. Their mission statement:

"Our mission is to empower feminists, who are the majority, and to win equality for women at the decision-making tables of the state, nation, and the world. The Feminist Majority promotes non-discrimination on the basis of sex, race, sexual orientation, socio-economic status, religion, ethnicity, age, marital status, nation of origin, size or disability. The purpose of Feminist Majority is to promote equality for women and men, non-violence, reproductive health, peace, social justice and economic development and to enhance feminist participation in public policy. Feminist Majority supports workers’ collective bargaining, pay equity, and end of sweatshops. We encourage programs directed at the preservation of the environment."

Enforce against wage discrimination based on gender.

Whitehouse co-sponsored Paycheck Fairness Act

Congress finds the following:

Women have entered the workforce in record numbers over the past 50 years.

Despite the enactment of the Equal Pay Act in 1963, many women continue to earn significantly lower pay than men for equal work. These pay disparities exist in both the private and governmental sectors. In many instances, the pay disparities can only be due to continued intentional discrimination or the lingering effects of past discrimination.

The existence of such pay disparities depresses the wages of working families who rely on the wages of all members of the family to make ends meet; and undermines women's retirement security.

Artificial barriers to the elimination of discrimination in the payment of wages on the basis of sex continue to exist decades after the enactment of the Fair Labor Standards Act of 1938. These barriers have resulted because the Equal Pay Act has not worked as Congress originally intended.

The Department of Labor and the Equal Employment Opportunity Commission have important and unique responsibilities to help ensure that women receive equal pay for equal work.

The Department of Labor is responsible for investigating and prosecuting equal pay violations, especially systemic violations, and in enforcing all of its mandates.

The Equal Employment Opportunity Commission is the primary enforcement agency for claims made under the Equal Pay Act.

With a stronger commitment [to enforcement], increased information on wage data and more effective remedies, women will be better able to recognize and enforce their rights.

Certain employers have already made great strides in eradicating unfair pay disparities in the workplace and their achievements should be recognized.

Enforce against anti-gay discrimination in public schools.

Whitehouse co-sponsored Student Non-Discrimination Act

Congressional Summary:

Prohibits public school students from being excluded from participating in, or subject to discrimination under, any federally-assisted educational program on the basis of their actual or perceived sexual orientation or gender identity or that of their associates.

Considers harassment to be a form of discrimination.

Prohibits retaliation against anyone for opposing conduct made unlawful under this Act.

Authorizes federal departments and agencies to enforce these prohibitions by cutting off the educational assistance of recipients found to be violating them.

Allows an aggrieved individual to assert a violation of this Act in a judicial proceeding and recover reasonable attorney's fees should they prevail.

Opponent's argument against bill:(by Cato Institute reported on Fox News): A bill in Congress that would prohibit discrimination in public schools based on sexual orientation or gender identity could
stifle free speech and even lead to "homosexual indoctrination" in the nation's classrooms, critics say.

"The real danger is how this will be interpreted," said the associate director of the Center for Educational Freedom at the Cato Institute. "The definition of harassment could be broadly interpreted that anybody who expressed a totally legitimate opinion about homosexual behavior could be made illegal. That's a violation of those kids who want to express opposition to LGBT opinions or behavior. People have a legitimate reason to be concerned about this--not because they're 'haters' but because you're now trying to balance different rights."

Proponent's argument for bill: (Rep. Jared POLIS, House sponsor): "Hatred has no place in the classroom. Every student has the right to an education free from harassment and violence. This bill will protect the freedoms of our students and enshrine the values of equality and opportunity in the classroom."

Provide benefits to domestic partners of Federal employees.

Sen. LIEBERMAN: This legislation would require the Government to extend employee benefit programs to the same-sex domestic partners of Federal employees. It is sound public policy and it makes excellent business sense.

Under our bill, Federal employee and the employee's domestic partner would be eligible to participate in benefits to the same extent that married employees and their spouses participate. Employees and their partners would also assume the same obligations that apply to married employees and their spouses, such as anti-nepotism rules and financial disclosure requirements.

The Federal Government is our Nation's largest employer and should lead other employers, rather than lagging behind, in the quest to provide equal and fair compensation and benefits to all employees. That thousands of Federal workers who have dedicated their careers to public service and who live in committed relationships with same-sex domestic partners receive fewer protections for their
families than those married employees is patently unfair and, frankly, makes no economic sense.

I call upon my colleagues to express their support for this important legislation. It is time for the Federal Government to catch up to the private sector, not just to set an example but so that it can compete for the most qualified employees and ensure that all of our public servants receive fair and equitable treatment. It makes good economic and policy senses. It is the right thing to do.

SUMMARY: Domestic Partnership Benefits and Obligations Act of 2007

Employees and their domestic partners will have the same benefits as married employees and their spouses under--

Re-introduce the Equal Rights Amendment.

Whitehouse co-sponsored re-introducing the Equal Rights Amendment

A joint resolution proposing an amendment to the Constitution of the United States relative to equal rights for men and women, which shall be part of the Constitution when ratified by the legislatures of 3/4 of the States:

Section 1.Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.

Section 2.The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

Section 3.This article shall take effect 2 years after the date of ratification.

Sen. KENNEDY. "It's a privilege to join my colleagues in reintroducing the Equal Rights Amendment to the Constitution. The ERA is essential to guarantee that the freedoms protected by our Constitution apply equally to men and women. From the beginning of our history as a Nation, women have had to wage a constant, long and difficult battle to win the same basic rights granted to men. That battle goes on
today, since discrimination still continues in many ways.

"Despite passage of the Equal Pay Act & the Civil Rights Act in the 1960s, discrimination against women continues to permeate the workforce and many areas of the economy. Today, women earn about 77 cents for each dollar earned by men, and the gap is even greater for women of color. More than 60% of working women are still clustered in a narrow range of traditionally female, traditionally low-paying occupations, and female-headed households continue to dominate the bottom rungs of the economic ladder.

"A stronger effort is clearly needed to finally live up to our commitment of full equality. The ERA alone cannot remedy all discrimination, but it will clearly strengthen the ongoing efforts of women across the country to obtain equal treatment.

"We know from the failed ratification experiences of the past that amending the Constitution to include the ERA will not be easy to achieve. But the women of America deserve no less."